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Chulin 23

CHULIN 23-24 - have been sponsored through the generous contribution of Reb Uri Wolfson and family. May he continue to watch his children grow in Torah and Yir'as Shamayim, following in the footsteps of their illustrious parents and grandparents, shlit'a.

1) [line 1] NIRBA - an animal that had relations with a human (HA'ROVE'A / HA'NIRBA)
(a) A Rove'a and a Nirba are animals that had relations with a human, as forbidden in Vayikra 20:15-16. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).
(b) In the instance of a Rove'a and a Nirba, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

2) [line 1] NE'EVAD - [an object that becomes prohibited for use by being] worshipped (MESHAMSHEI AVODAH ZARAH)
(a) An object that is worshipped as Avodah Zarah, e.g. an idol, becomes Asur b'Hana'ah -- it is forbidden to derive any benefit from it. One who benefits from such an object receives Malkus two times, once for the prohibition in Devarim 7:26 and once for the prohibition in Devarim 13:18. Similarly, an object that was used in the service of Avodah Zarah ("Meshamshei Avodah Zarah") is also Asur b'Hana'ah, as the verse states in Devarim 12:2 (Avodah Zarah 51b), and an object that was offered to an Avodah Zarah is Asur b'Hana'ah, as the verse states in Tehilim 106:28 (Avodah Zarah 50a). Objects of Avodah Zarah themselves and the utensils that are used in their service must be destroyed, as it states in Devarim 7:5 and 12:2. Money paid in exchange for an item of Avodah Zarah becomes forbidden (Asur b'Hana'ah) like the Avodah Zarah itself.
(b) The Tana'im argue whether an Avodah Zarah becomes Asur b'Hana'ah immediately when the object is set up as an idol, or only after it has been worshipped (Avodah Zarah 51b). An object used in the service of Avodah Zarah becomes Asur b'Hana'ah only when it is used to serve the Avodah Zarah. In addition, an object used to beautify the Avodah Zarah ("Noy Avodah Zarah") becomes Asur b'Hana'ah, as the verse states, "Lo Sachmod Kesef v'Zahav..." (Devarim 7:25; Avodah Zarah 51b).
(c) There are certain types of objects that do not become prohibited when they are worshipped or used in the service of Avodah Zarah:

1. Animals do not become prohibited (Avodah Zarah 46a).
2. An object that is attached ("Mechubar") to the ground and that was always attached and was never manipulated by human hands does not become prohibited (Avodah Zarah 45a).
(i) The Tana'im argue whether or not a tree that was planted by a person and that did not grow by itself becomes prohibited when worshipped or not. Everyone agrees, however, that a tree that was initially planted in order to be worshipped as an Avodah Zarah becomes prohibited (Avodah Zarah 45b). Some maintain that the part of the tree that grows after it was worshipped becomes Asur b'Hana'ah according to all opinions (Avodah Zarah 48a).
(ii) Any object that does not grow from the ground but that was attached to the ground by a person's action, such as a house, becomes Asur b'Hana'ah when worshipped according to all opinions. According to Rashi (to Avodah Zarah 46a), even a tree that already grew and was uprooted and replanted in another place becomes Asur b'Hana'ah when worshipped (see Tosfos to Avodah Zarah 45b and Insights to Avodah Zarah 46a).
3. When an object belonging to one person is worshipped as an idol by another person (without the owner's permission), the object does not become Asur b'Hana'ah.
(d) Even though animals, and objects that are attached to the ground, do not become Asur b'Hana'ah (as mentioned above), nevertheless they become invalidated from being used for holy purposes, such as bringing such an animal as a Korban, or building a Mizbe'ach out of stones that were worshipped. Even though they are not Asur b'Hana'ah, they are considered abhorrent to be used for a holy purpose (Avodah Zarah 46b-47a). The Gemara (ibid.) is in doubt whether or not such objects may be used for other forms of Mitzvos, such as performing the Mitzvah of Lulav with the branch of a tree that was worshipped. Most Rishonim (see RITVA to Avodah Zarah 54a) maintain that an object that was worshipped by someone who does not own the object does *not* become prohibited even for holy purposes, such as being offered as a Korban, as the Gemara in Chulin (Daf 40a) mentions. The RAMBAM, however, maintains that such an object does become prohibited for holy purposes (Hilchos Isurei Mizbe'ach 4:6).
(e) Similarly, even though animals, objects that are attached to the ground, and an object that does not belong to the one worshipping it do not become Asur b'Hana'ah when worshipped as Avodah Zarah, nevertheless they *do* become Asur b'Hana'ah when they are worshipped with a physical action. Therefore, if one pours a wine libation on an animal that does not belong to him, or if one began to slaughter an animal to an idol, the animal becomes Asur b'Hana'ah even for ordinary uses.
(f) Under certain circumstances, an object that became Asur b'Hana'ah by being worshipped as an idol can become permitted through "Bitul" (see Background to Avodah Zarah 52:6).

3) [line 2] "KI MASHCHASAM BAHEM MUM BAM" - "because they have in them their flaw; there is a blemish in them" (Vayikra 22:25)

4) [line 5] "KI HISHCHIS KOL BASAR ES DARKO AL HA'ARETZ" - "for all flesh has corrupted its way on the earth" (Bereishis 6:12)

5) [line 7] "PEN TASHCHISUN VA'ASISEM LACHEM PESEL" - "Lest you become corrupt and make for yourselves a graven image..." (Devarim 4:16) - This verse connects the concept of Hashchasah with Avodah Zarah.

6) [line 11] TAMUS V'ZACHRUS BI'VEHEMAH, V'EIN TAMUS V'ZACHRUS B'OFOS
(a) In order for an animal to be brought as a Korban Olah, it must meet the requirements of the Torah (Vayikra 22:18-19) with regard to being unblemished (Tamus) and male (Zachrus). Similarly, a Korban Chatas must be unblemished and female.
(b) When a bird is offered for these Korbanos, though, it does not require those specifications. A bird-offering may be male or female, and it is only invalidated by a missing limb and not by a blemish. (This limitation is learned from the verse "Hakrivehu Na l'Fechasecha ha'Yirtzecha O ha'Yisa Fanecha..." - "[And if you offer a blind animal as a sacrifice, is this not evil? And if you offer a lame or a sick animal, is this not evil?] Try to offer it to your governor, will he be pleased with you, or will he find favor in you?..." (Malachi 1:8) -- RASHI.)

7a) [line 15] AYIL - a ram, which is identified as a sheep that is older than thirteen months
b) [line 16] KEVES - a sheep within its first year
c) [line 16] PALGAS - a sheep in its thirteenth month

8) [line 17] BERYAH HEVEI - it is an independent entity (not a sheep and not a ram, and therefore a specific verse is needed to obligate Palgas in the Nesachim of an Ayil)

9) [line 18] HIKRIVO - if a person offered it (a Palgas) [as a Korban]

10) [line 18] MEVI ALAV NISCHEI AYIL - he brings with it the Nesachim of an Ayil (NISCHEI AYIL / NISCHEI KEVES)
(a) The Minchas Nesachim of a ram consists of two Esronim of fine flour mixed with four Lugin of olive oil, and four Lugin of wine. The Minchas Nesachim of a sheep consists of one Isaron of fine flour mixed in three Lugin of olive oil, and three Lugin of wine.
(b) The Mishnah (Parah 1:3) states that a person who offers a Palgas must bring with it the Nesachim of an Ayil. The Amora'im (brought by our Gemara) argue as to the reason for this requirement.

11) [line 18] EIN OLEH LO MI'ZIVCHO - he does not fulfill his obligation to bring a sacrifice [had he been obligated to bring either an Ayil or a Keves]

12) [line 19] "[KACHAH YE'ASEH LA'SHOR HA'ECHAD] O LA'AYIL [HA'ECHAD O LA'SEH VA'KEVASIM O VA'IZIM.]" - "[Thus shall he do for each bull] or for each ram [or for each sheep or each goat.]" (Bamidbar 15:11) - This verse contains many concepts that have been mentioned in previous verses; the Gemara (Menachos 91b) lists various Halachos that are extracted from this verse.

23b---------------------------------------23b

13) [line 1] MAISI U'MASNI - he brings [the Nesachim of a ram] and stipulates [that since the Halachah of a Palgas is in doubt, should it require the Nesachim of a ram, these are they; should it only require the Nesachim of a sheep, its Nesachim is the amount that is required for a sheep; the rest is voluntary Nesachim]

14) [line 5] LACHMEI TODAH (KORBAN TODAH: 4 MINEI LECHEM)
(a) The Todah (thanksgiving offering) is a form of Shelamim that is eaten for only one day and one night (Vayikra 7:15). Korbenos Shelamim that are offered by an individual may be brought from male or female sheep, cows or goats. They are Kodshim Kalim, and may therefore be slaughtered in the entire Azarah (and not only in its northern part). Before its slaughter, the owner presses his hands on the head of the animal (Semichah). The blood of the Todah is cast on the northeastern and southwestern corners of the Mizbe'ach ("Shenayim she'Hen Arba"). Nesachim (a flour offering consisting of flour and oil and a wine libation) are brought as part of the Korban (Bamidbar 15:3-12). The flour offering is completely burned on the Mizbe'ach and the wine is poured into one of the Sefalim (the silver libation pipes located at the top of the southwest corner of the Mizbe'ach) (RAMBAM and RA'AVAD Hilchos Ma'aseh ha'Korbanos 2:1). The amount of flour, oil and wine needed depends upon the animal offered, as specified in Bamidbar (ibid.). (b) An animal that was sacrificed as a Todah was brought together with forty loaves of bread, ten each of the following:

  1. Chalos Matzos - Matzos mixed with oil;
  2. Rekikin - flat Matzos saturated with oil;
  3. Soles Murbeches - Matzos made of boiled flour mixed with oil;
  4. Loaves of leavened bread. (Vayikra 7:12-13)
(c) One loaf of each type of bread was given to the Kohen who performed the Zerikas ha'Dam of the Todah (Vayikra 7:14). (These four loaves were known as *Terumas Lachmei Todah*.) The Chazeh (breast) and Shok (thigh) of the Shelamim were given to the Kohen (Vayikra 7:34). Certain fats and other parts of the Korban were offered on the Mizbe'ach (Vayikra 3:3-4, 9-10, 14-15). The owner and his guests (men or women) eat the rest of the Korban inside the borders of the city of Yerushalayim. The meat may be cooked in any fashion and is eaten on the day that it is slaughtered and the following night.

15) [line 6] SI'UR - the beginning of the leavening process
(a) As dough becomes Chametz it goes through a number of stages. 1. First it becomes pale like the appearance of a man whose hair stands on end out of fright. 2. It then starts to form thin cracks on its surface, which look like locusts' antennae (Karnei Chagavim). 3. Next the cracks begin to multiply and run into each other.
(b) The Tana'im argue as to which stage is called "Si'ur," the stage that necessitates that the dough be burned, and that makes the dough Asur b'Hana'ah. The Gemara (Menachos 53a) cites their argument (see (c), below). They argue similarly as to which stage is considered "Siduk," (lit. cracks [in the dough]) the completion of the leavening process, where the dough is not only Asur b'Hana'ah but the person who eats it is punished with Kares. (Si'ur is considered inedible ("Chametz Nuksheh"), since the dough has not completed its fermentation, and therefore one who eats it is not punished with Kares.)
(c) Rebbi Meir calls stage 1. (above, (a))"Si'ur" and maintains that it is already leavened but since at this point it is not fit to be eaten, one receives Malkus for eating it, instead of Kares. He calls stage 2. "Siduk," which *is* punishable by Kares. Rebbi Yehudah maintains that stage 1. is still Matzah mid'Oraisa, and is prohibited only mid'Rabanan. He calls stage 2. "Si'ur" and maintains that it must be destroyed before Pesach but a person who eats it is exempt from Kares or Malkus. Stage 3., however, is termed "Siduk," which is punishable by Kares.

16) [line 6] SI'UR D'MAN - (lit. the Si'ur of which [Tana]?) to which stage of Si'ur are we referring?

17a) [line 6] SI'UR D'REBBI MEIR L'REBBI YEHUDAH - the Si'ur of Rebbi Meir (stage 1, when it becomes pale; see above, entry #15:a) according to the ruling of Rebbi Yehudah
b) [line 7] MATZA MA'ALYESA HI - it is genuine Matzah!

18) [line 7] D'REBBI YEHUDAH L'REBBI MEIR - the Si'ur of Rebbi Yehudah (stage 2, when it develops thin cracks on its surface, which look like locusts' antennae; see above, entry #15:a) according to the ruling of Rebbi Meir

19a) [line 8] D'REBBI MEIR L'REBBI MEIR - the Si'ur of Rebbi Meir (stage 1, when it becomes pale; see above, entry #15:a) according to the ruling of Rebbi Meir
b) [line 9] MID'LAKI ALEI, CHAEMTZ HU - since a person who eats it receives Malkus, it must be Chametz

20) [line 21] PARAH (PARAH ADUMAH)
(a) The Parah Adumah, an exclusively red-haired cow, is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches and a piece of crimson wool, are thrown into the carcass of the cow while it is burning (Bamidbar 19:1-22).
(b) If a person (or utensil) became Tamei through touching Tum'as Mes or being in the same room as a corpse or something that is Metamei b'Ohel, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah (Bamidbar 19:17-19).

21) [line 21] EGLAH (EGLAH ARUFAH)
(a) If a Jew is found murdered in a field (in Eretz Yisrael) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1). The procedure is as follows:
(b) Five elders (according to the opinion of Rebbi Yehudah, which is the Halachah) of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court) measure the distance between the dead body and the cities around it to determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female calf that has never been worked (see Background to Bava Metzia 30:12:b) to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike it on the back of its neck (Arifah) with a cleaver, severing its spinal column, gullet and windpipe. This calf is the "Eglah Arufah" and becomes Asur b'Hana'ah.
(d) The elders of the closest city then wash their hands there and say, "Our hands have not spilled this blood, and our eyes did not see [the murder]" (Devarim 21:7). This includes a proclamation that the dead man was not sent away from the city without the proper food for his journey or the proper accompaniment. The Kohanim that are present say, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people, Yisrael" (ibid. 21:8). After this procedure, HaSh-m will grant atonement for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).
(e) The calf that is used as the Eglah Arufah must be fully healthy and cannot be a Tereifah, as the Gemara derives from the verse (Devarim 21:6; see TOSFOS DH ha'Arufah). (See next entry.)

22) [line 23] ARIFAH - striking on the back of its neck with a cleaver, severing the spinal column, gullet and windpipe

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